Smith v. City of Little Rock

The majority has taken a rather passive role in this case and decided to uphold a decision by the Little Rock City Board of Directors which rezones five residential lots to a high commercial use, thereby permitting the construction of a fast-food outlet, Wendy’s, in the middle of a residential area. The only justification for the city’s action can be that the lots are located not far from a commercial area on West Markham Street, which includes a McDonald’s restaurant, an Exxon station and several other similar types of commercial enterprises. In my judgment this case represents a retreat to…